Driver says he's testing the legality of camera monitors

Scofflaw was just asking to get red-light citation

Published 6:30 am, Tuesday, November 21, 2006

Bail bondsman Michael Kubosh got just what he wanted in Houston city court Monday — a $75 civil fine for running a red light at a camera-monitored intersection.

Kubosh committed the violation deliberately on Sept. 20 to set up a legal challenge of the city's use of cameras to catch red-light violators at 20 intersections.

Represented by his brother, lawyer Paul Kubosh, Michael Kubosh asked a city administrative judge to dismiss the citation he received for running the red light at Milam and Elgin. The judge declined.

Paul Kubosh said he will appeal the case to another municipal court Dec. 6 to exhaust the city appeals process. He expects that ruling also will go against him, after which he plans to file suit in state district court challenging the red-light camera ordinance.

The basis of the challenge is that red-light violations caught by camera are civil violations. The Kubosh brothers argue that the city can't make red-light running a civil offense when state law makes it a misdemeanor criminal offense.

Footage of I-10 closed and the trafficGodofredo Vasquez, Houston Chronicle

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City Attorney Arturo Michel has said he does not expect the argument to hold up.

Michael Kubosh announced in advance that he would run a red light Sept. 17 to challenge the law. A police officer was waiting and issued a criminal ticket, thwarting Kubosh's effort to get a civil citation he could challenge.